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CARLSON COMPANIES, INC. v. SPERRY AND HUTCHINSON CO.

No. 74-1540.

507 F.2d 959 (1974)

CARLSON COMPANIES, INC., et al., Appellants, v. The SPERRY AND HUTCHINSON CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1974.

Attorney(s) appearing for the Case

John Bodner, Jr., Washington, D. C., for appellants.

William E. Kelly, New York City, for appellee.

Before GIBSON, Chief Judge, and LAY, and STEPHENSON, Circuit Judges.

GIBSON, Chief Judge.

Plaintiff, Carlson Companies, Inc., appeals a grant of summary judgment in favor of defendant, The Sperry and Hutchinson Co., on Count IV of plaintiff's complaint seeking damages and equitable relief for alleged violations of § 7 of the Clayton Act.1 The District Court determined as a matter of law that no private action for damages was available under § 7 in reliance upon a footnote contained in Highland...

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